Los Angeles daily herald., 1887-04-12
PROCLAMATION !!
STA e OF CALIFORNIA,
EXECUTIVE DEPARTMENT,
.rNrn March IL 1sS

SACRAMENTO, March 10. 1871
WHEREAS, the Legislature of the State OF
Calitornia, at its twenty-sevenths session. be-
ginning on the third day of January, A. D.
eighteen hundred and eighty-seven, two
thirds of all the members elected to each OF
the two Houses of said Legislature voting in
favor thereof, proposed the following de-
scribed amendments to the Constitution Of
the State of California. to wit:
AMENDMENT NUMBER ONE.
To propose to the people of the State an
amendment to the Constitution of the
State, relative to the Judiciary Depart
ment.
Resolved, That the Legislature of the State
of California, at its regular session, COM
mencing on the third day OF January, A. ID.
eighteen hundred and eighty. seven, two.
the Houses Of said Legislature voting in IA
vor thereof, hereby propose that sections
two and three of article vi. OF the Constitu-
tiop of said Sta.e be amended to read as
follows:
sist of seven Justices. The Associate Jus
tices of the Supreme Court, in Office at the
time of the adoption OF this amendment to
the Constitution are hereby continued In
office as Justices OF the Supreme Court for
the remainder Of the terms to which they
were respectively elected. The Justices
shall elect one OF their nu mber to be Cniet
Justice, and he shall hold the Office OF Chief
Justice OF said court for a term % OF Two Two
Chief Justice first elected, and every two
years thereafter the Justices shall elect
Chief Justsce for like term OF two years.
An entry of the election of such Chief Jus
tice shall be made In the minutes OF the
court and signed by four Justices. When
| ever thereafter vacancy occurs in the Of
fee of Chief Justice. a like election shall
be had to I'LL such office for the unexpired
partments or in bank, and shall always be
open for the transaction of business. There
snail be two departments, denominated, re
spectively, Department One and department
Two. The Chief Justice shall assign three
of the Justices to each department, and
such assignment may be changed bv him
from time to time. The Justices shall be
competent to sit in either department., and
may interchange with each other by agree
ment among themselves or as ordered by
the Chief Justice. Each of the departments
shall have the power to hear and determine
causes and all questions arising therein
| subject to the provisions hereinafter con
tanned in relation to the Court in bank. The
presence OF three Justices shall be necessary
to transact any business in either of the de
partments, except such as may be done al
chambers, and the concurrence OF two Jus
tices shall be necessary to pronounce a
luQRmSlt. 1Ht uotiCC ohulA dpPOitioh
the business to the Departments and may,
in his discretion. order any cause pending
before the Court to be heard and decided by
the Court in bank. The order may be made
before or after judgment pronounced by a
department.; but where a cause has been al
lotted to one OF the departments, and judg-
ment pronounced thereon, the order must
be made within thirty days after such judg.
ment and concurred in by twoJ Justices, and If
SO made it shall have the effect to vacate and
cof ocido tho indOmant AnV fnnr JuSfiCQS
may, either before or after judgment by a
department. order case TO be heard In
bank. If the order be not made within the
time above limited. the judgment shall be
final. No judgment by q department shall
become final until the expiration of the
period of thirty days aforesaid, unless ap-
proved by the Chief Justice. In writing,
with the concurrence of two Justices. The
bank at any time. and shall be the presiding
| Justice of the Court when so convened. The
concurrence of four Justices present at the
argument shall be necessary to pronounce a
| Judgment in bank but II four Justices, so
present. do not concur in a Judgment, then
all the Justices qualified to sit in the cause
shall hear the argument; but TO render a
Judgment a concurrence OF four Judges
shall be necessary. In the determination
of causes all decisions of the Court in
bank, or in departments, shall be given
In writing and the grounds of the decision
shall be stated. The Chief Justice may sit
in either department. and shall preside
when so. sitting, but the Justices assigned
number as presiding Justice. In case of
the absence of the Chief Justice from the
place at which the court is held, or his ina
bility to act, the Associate Justices shall se-
lect one of the own number TO perform
the duties and exercise the powers of the
Chief Justice during such absence or ina
bility TO act. The Supreme Conrt Commits.
sion, created by the act OF the Legislature,
approved March twelfth, eighteen hundred
and eighty-fve, shall continu, and be Su
preme Court Commission for four years af-
ter the adoption OF this amendment. Said
commission may be continued for such
time thereafter as may be fixed by an act
passed by vote of two-thirds of the elected
Of each Houhe of the Legislature,
and approved by the Governor. The mem |
bers thereof and Secretary shall be ap-
pointed rs in said act provided; and such |
shall be subject to removal |
preme Court. Said commission shall have |
he same power to hear and determine |
causes possessed by department of the /
supreme Court, and causes may be assigned |
are assigned to a department, and after de-
,ision they may be ordered heard in bank |
N the same way, and with like restrictions
Is If decided in department. The judg-
nents Of the commission s shall be entered
mission shall sit at such times and places as
nav be designated by the conrt but such
.ommistio lers shall not exercise any
udiciai functions except when assem-
sled as commission, and then they
,hsil only have power to hear aud deter
mine such causes as mly have been assigned
section 8. The Justices of the Supreme
Court shall be elected by the qualified |
slectors OF tho State at large, at the general |
5fste eIections. and the times and places at |
Which State officers are elected; and the |
|orm Of offioe shall be twelve years from ]